Legal Opinion
Mrs. Verdie Mae Franklin Verdie Mae Franklin, Administratrix of the Estate of Lonnie B. Franklin v. United States
Court of Appeals for the Tenth Circuit
Decided May 5, 1993No. 92-6056PublishedCited by 90 opinions
1Opinion of the Court
BARRETT, Senior Circuit Judge.
This appeal 1 presents two somewhat thorny issues relating to the remedial scope and application of the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671-2680. Initially, we hold that the FTCA’s intentional tort exclusion bars a claim for damages based on the unauthorized performance of surgery. We then conclude, however, that the operation of that exclusion is nullified in the present context by an immunity statute dealing specifically with medical tort claims arising out of the actions of Veterans Administration (VA) personnel.
I
Plaintiff Verdie Mae…
2Cases cited64 opinions
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- Feres v. United StatesSupreme Court of the United States · 1950
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- Vicki Westcott, Administratrix of the Estate of Arden Westcott, Deceased v. City of Omaha, a Municipal CorporationCourt of Appeals for the Eighth Circuit · 1990
- United States v. NeustadtSupreme Court of the United States · 1961
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3Cited by90 opinions
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- Mr. & Mrs. Doe Parents No. 1 v. State, Department of EducationHawaii Supreme Court · 2002
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